Ohio § 5561.05
Full text of Ohio Ohio Revised Code § 5561.05, with citation guidance and answers to common questions.
§ 5561.05.
Upon the filing the petition as provided by section 5561.04 of the Revised Code , accompanied by plans, the railroad company or county opposed to the prayer thereof,
or directly interested therein, may, within sixty days file an answer to such petition
and present other plans for the abolition of such crossing. After the expiration of such period the court of common pleas shall proceed to a
hearing upon the petition and any answers that have been filed, which hearing must
be advanced upon the docket upon motion of either party. After examination of all plans presented to it and after hearing the evidence, the
court shall make a finding as to whether such plans or any of them are reasonable
and practicable. If the court finds any of the plans presented are reasonable and practicable, it shall
order the changes made in accordance with the most reasonable and practicable plan
presented to the court, or as amended by its order entered by consent of the parties. The county shall make such changes in the roads or highways as may be necessary,
and the railroad company shall make the changes necessary in the tracks and roadbed,
in order to comply with the rulings of the court. If more than one company owns tracks on the crossing in question, the court shall
apportion among them the fifteen per cent provided by section 5561.06 of the Revised Code to be paid by such companies, and when making such apportionment the courts shall
take into consideration the difference in costs of construction and benefits derived
by such companies. If the court finds that none of the plans are reasonable or practicable, the improvement
shall not be made upon such plans. Either party may appeal or prosecute error as in other cases, the hearing of which
shall be advanced upon the docket upon motion of either party. If the county or railroad company refuses or neglects to comply with the orders or
findings made by the court under this section, the court may enforce its orders or
findings by mandamus, mandatory injunction, or contempt of court, upon the application
of either party to such proceedings.
Frequently Asked Questions About Ohio § 5561.05
What does Ohio Revised Code § 5561.05 cover?
Section 5561.05 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5561.05?
A common citation format is "Ohio Revised Code § 5561.05" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5561.05 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.